Neb. Rev. Stat. » Chapter 45
Nebraska Revised Statutes

Neb. Rev. Stat. § 45-105 (2026)

Usury; penalty

✓ current as of July 2026
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If a greater rate of interest than is allowed in section 45-101.03 shall be contracted for or received or reserved, the contract shall not on that account be void, but if in any action on such contract, proof be made that illegal interest has been directly or indirectly contracted for, or taken, or reserved, the plaintiff shall recover only the principal, without interest, and the defendant shall recover costs; and if interest shall have been paid thereon, judgment shall be for the principal, deducting interest paid; Provided, the acts and dealings of an agent in loaning money shall bind the principal, and in all cases where there is illegal interest by the transaction of the agent, the principal will be held thereby as if he had done the same in person. Where the same person acts as agent for the borrower who obtains the money from the lender, he shall be deemed to be the agent of the lender also.

Notes of Decisions
Cited in 26 cases (1 in the last 5 years), 1933–2025 · leading case: Cent. Constr. Co. v. Blanchard, 141 N.W.2d 416 (Neb. 1966).
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Cent. Constr. Co. v. Blanchard, 141 N.W.2d 416 (Neb. 1966). · cites it 44× “The practical effect has been to place such contracts under the provisions of the general usury statute, section 45-105, R.R.S.1943. That section provides: "If a greater rate of interest than is allowed in section 45-101 shall be contracted for or received or reserved, the…”
State Ex Rel. Beck v. Assocs. Disc. Corp., 77 N.W.2d 215 (Neb. 1956). · cites it 6× “ute a cause of action against this defendant in that the Installment Loan Act, Sections 45-114 to 45-158, both inclusive, Revised Statutes of Nebraska, 1943, as amended, and *687 particularly Sections 45-137 and 45-138 thereof are violative of Article III, Section 14 of the…”
Farmland Enter., Inc. v. Schueman, 322 N.W.2d 665 (Neb. 1982). · cites it 9× “See Neb. Rev. Stat. § 45-105 (Reissue 1978). The trial court held that Farmland did not contract for, receive, or reserve usurious interest, and found in favor of Farmland.”
Davis v. Gen. Motors Acceptance Corp., 127 N.W.2d 907 (Neb. 1964). · cites it 6× “, 1961, as amended, and the sole remedy or defense available to such a buyer by reason thereof shall be that prescribed in section 45-105, R. R. S. 1943. Section 45-101, R.”
Thomas Lakes Owners Ass'n v. Riley, 612 N.W.2d 529 (Neb. Ct. App. 2000). · cites it 5× “Neb. Rev. Stat. § 45-105 (Reissue 1998) provides in part: If a greater rate of interest than is allowed in section 45-101.”
State Ex Rel. Beck v. Assocs. Disc. Corp., 96 N.W.2d 55 (Neb. 1959). · cites it 4× “In construing section 45-105, R. R. S. 1943, which relates to the maximum interest authorized by section 45-101, R.”
Gen. Fiberglass Supply, Inc. v. Roemer, 594 N.W.2d 283 (Neb. 1999). · cites it 2× “Because the sales contracts’ terms provided for FA percent per month interest on the unpaid balance, which at a minimum is 18 percent annually if not compounded monthly, Roemer argues that pursuant to Neb. Rev. Stat. § 45-105 (Reissue 1998), GFSI cannot recover any interest or…”
Dailey v. AC Nelsen Co., 136 N.W.2d 186 (Neb. 1965). · cites it 6× “This is in accordance with section 45-105, R. R. S. 1943, dealing with, the general usury penalty.”
Ronald J. Palagi, P.C. v. Prospect Funding Holdings (Ny), LLC, 302 Neb. 769 (Neb. 2019). · cites it 2× “TS OF ERROR Wheat and Palagi assign, restated, that the trial court erred in (1) granting Prospect's motion for summary judgment before discovery was concluded and (2) failing to find the agreement was invalid and unenforceable for any of the following reasons: (a) Prospect was…”
Kometscher v. Wade, 128 N.W.2d 781 (Neb. 1964). · cites it 4× “16 it is provided: "In the event any such agreement is judicially determined to constitute, in whole or in part, a loan with interest, the applicable limit on such interest shall be that set forth in section 45-101, Revised Statutes Supplement, 1961, * * * and the sole remedy or…”
Commonwealth Trailer Sales, Inc. v. Bradt, 87 N.W.2d 705 (Neb. 1958). · cites it 5× “See § 45-105, R.R.S.1943. But it does not appear that the Legislature, by the enactments relating to installment loans, has extended the scope thereof as to those to whom it is available as has been previously fixed and determined by this court.”
McNish v. Gen. Credit Corp., 83 N.W.2d 1 (Neb. 1957). · cites it 2× “185 , wherein section 45-105, R. R. S. 1943, was involved, for that statute does not make the contract void when a usurious rate of interest is being charged.”
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